Opinion
Motion No. 2023-07076 Index No. 617050/2018
12-11-2023
Amtul Aleem Mushtaq, etc., et al., respondents, v. Muhammed Ajmal Cheema, et al., appellants.
Unpublished Opinion
MOTION DECISION
M292896
FRANCESCA E. CONNOLLY, J.P. ANGELA G. IANNACCI LARA J. GENOVESI LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Nassau County, dated July 19, 2023.
Motion by the appellants, inter alia, to stay enforcement of so much of the order as, sua sponte, appointed a temporary receiver, pending hearing and determination of the appeal. By order to show cause dated October 20, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order as, sua sponte, appointed a temporary receiver, and the motion by the appellants was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in relation thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal from so much of the order as, sua sponte, appointed a temporary receiver is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to stay enforcement of so much of the order as, sua sponte, appointed a temporary receiver is granted, and enforcement of so much of the order as, sua sponte, appointed a temporary receiver is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before January 10, 2024, and the motion is otherwise denied; and it is further, ORDERED that in the event the appeal is not perfected on or before January 10, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
CONNOLLY, J.P., IANNACCI, GENOVESI and LOVE, JJ., concur.